UNITED STATES v. FORE

No. 5558.

38 F.Supp. 140 (1941)

UNITED STATES v. FORE.

District Court, S. D. California, S. D.

March 5, 1941.


Attorney(s) appearing for the Case

William Fleet Palmer, U. S. Atty., and Harold R. Shire, Asst. U. S. Atty., both of Los Angeles, Cal., for plaintiff.

John T. Holt, of San Diego, Cal., for defendant.


NETERER, District Judge.

The Conformity Act has no application. Under the Federal law, the procedure of the State is not applicable in criminal cases, the only plea available is "not guilty". Insanity may be offered on a plea of not guilty, as a defense tending to show that the defendant at the time of the act charged was incapable of forming a criminal intent. The Conformity Statute, 28 U.S.C.A. § 724, provides: "The practice, pleadings, and forms and modes...

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